1. Home
  2. Browse Decisions
  3. F.2d
  4. 929 F.2d
  5. 929 F.2d 1100 (1991)
 

E-SYSTEMS, INC. v. POGUE

Nos. 89-1707, 89-1709.

929 F.2d 1100 (1991)

E-SYSTEMS, INC. Group Hospital Medical & Surgical Insurance Plan, et al., Plaintiffs-Appellees, v. A.W. POGUE, Commissioner of the Texas State Board of Insurance, Defendant-Appellant. LA QUINTA MOTOR INNS, INC., Plaintiff-Appellee, v. Richard F. REYNOLDS, as a Member of the Texas State Board of Insurance, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 1, 1991.

Attorney(s) appearing for the Case

William E. Storie, Marianne S. Dwight, David D. Menchaca, Asst. Attys. Gen., and Jim Mattox, Atty. Gen., Austin, Tex., for defendants-appellants.

John F. Morehead and Paul D. Carmona, Bankston, Wright & Greenhill, Austin, Tex., for amicus.

Carl L. Taylor, Johnson & Gibbs, Washington, D.C., Richard W. Alexander, Johnson & Gibbs, Austin, Tex., for E-Systems, Inc. Group Hosp. Medical and Surgical Ins. Plan, et al.

Rick Harrison and Christina Carlson Dodds, Jones, Day, Reavis & Pogue, Austin, Tex., for La Quinta Motor Inns, Inc.

Before BROWN, POLITZ, and JOHNSON, Circuit Judges.

POLITZ, Circuit Judge:

In these consolidated cases the district court found that the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, preempts the Texas Administrative Services Tax Act (ASTA), Tex.Ins.Code art. 4.11A, as it relates to ERISA plans, enjoined the collection of the tax, and directed a return of the monies wrongfully received therefrom. The State appeals, contending that the federal court lacked jurisdiction by virtue...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases